68-09w
, M
RESOLUTION NO 68-9
WHEREAS, a common ground for agreement has been reached between R-C-B-S
Corporation, Selva Marina Realty Company and the CITY OF ATLANTIC BEACH,
Florida, in the matter of a suit brought against the City of Atlantic
Beach in the Circuit Court of the Fourth Judicial Circuit in and for
Duval County, Florida (case no. 63-3997-E), regarding the assessment
of ad valorem taxes on the sands within the City of Atlantic Seach owned
by the R-C-B-S Corporation and Selva Marina Realty Company, and,
WHEREAS, the City Commissioners of the City of Atlantic Beach have
unanimously agreed to the final settlement of this matter,
NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, as follows:
1. That the terms and conditions set out in a Stipulation
for Settlement and Dismissal of this suit be accepted.
2. That the Stipulation for Settlement and Dismissal of
this suit, copy of which is attached hereto and made a
part hereof, be executed on behalf of the City of Atlantic
Beach, Florida.
3. That the Stipulation for Settlement and Dismissal of this
suit be recorded in the Official Records of Duval County,
Florida.
Passed by the City Commission on Ju~.y 22nd 1368
(Seal)
ATTEST:
Adele S. Grage, City Clef
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IN THE CIRCUIT COURT OF THE FOURTH
JUDICIAL CIRCUIT IN AND FOR DUVAL
COUNTY, FLORIDA.
CASE N0. 63-3997-E
R-C-B=S CORPORATION and SELVA
MARINA REALTY COMPANY, both
Florida corporations,
Plaintiffs,
vs.
CITY OF ATLANTIC BEACH, a
municipal corporation of the
State of Florida, et al.
Defendants.
~.
STIPULATION FOR SETTLEMENT AND DISMISSAL
The parties hereto mutually stipulate and agree to settle this
case upon the following terms and conditions:
1. All ad valorem taxes on the lands within the City of Atlantic
Beach owned by plaintiffs R-C-B-S Corporation and Selva Marina Realty
Company as described on the attached tabulation marked Exhibit "A" and
"B" and made a part hereof, shall be assessed by the City of Atlantic
Beach for the years 1962, 1963 and 1964 at the valuations indicated on
said Exhibit "A" and "B", being the same assessed values as made by the
Duval County Tax Assessor for County Taxes for the years 162, 1963 and
1964.
2. All ad valorem taxes on the lands within the City of Atlantic
Beach owned by plaintiffs as described on the attached tabulation marked
Exhibits "A" and "B" and made a part hereof shall be assessed by the City
of Atlantic Beach for the years 1965, 1966 and 1967 equal to the Duval
County "fair market value" assessments for the years 1965, 1906 and 1967
as may be ultimately determined in litigation (including disposition of all
appeals) now pending in the Circuit Court of the Fourth Judicial Circuit in
and for Duval County, Florida, between R-C-B-S Corporation, Selva Marina
Realty Company and the Duval County Tax Assessor (Case No. 65-6517-E and
65-6569-E respectively) or in an amount equal to the assessed values made
by the City of Atlantic Beach Tax Assessor for those respective years,
which ever value be the lower.
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3. It is the present policy of the City of Atlantic Beach City
Commission, pursuant to Ordinance No. 70-68-5 City of Atlantic Beach,
beginning with the 1968 assessment year, that it shalt assess the values
for Plaintiffs' lands as described in the attached tabulations marked
Exhibits "A" and "B", to the extent then owned by Plaintiffs on January 1,
1968, and for subsequent years so long as the aforesaid Ordinance No.
70-68-5 remains in full force and effect, which said Ordinance adopts the
Duval County final assessment of said properties, which said assessment
shall .be the same as for county taxes, and any adjustments made thereto by
the City of Atlantic Deach Board of Equalization, or as the result of
litigation or otherwise shall, likewise, be made in the City of Atlantic
Beach assessments.
4. All taxes which have been paid by plaintiffs for the years 1962,
1963, 1964, 1965, 1966 and 1967 to the City of Atlantic Beach shall be
applied on the tax liabilities of the respective plaintiffs to the City
of Atlantic Beach calculated on the assessed valuation as determined in
accordance with paragraphs 1, 2 and 3 above, with any surpluses of a prior
year's taxes being applied to the succeeding years taxes to the extent of
such surplus payments.
5. The rights, if any, to interest and penalties are waived by both
parties; PROVIDED, HOWEVER, that if it is ultimately determined that
plaintiffs owe a balance of taxes to the City of Atlantic Beach for any of
the years 1962, 1963, 1964, 1965, 1966 and 1967, in accordance with this
stipulation, in addition to the taxes already paid for those years, interest
on such balance of taxes shall not commence to run until sixty (60) days
after final determination by the City of the amount then due. Should there
be a surplus of taxes paid for those years, the same shall be retained by
the City of Atlantic Beach and be applied to taxes for years subsequent to
1967 to the extent thereof.
6. Plaintiffs, in addition to the prompt payment of total taxes due
the City of Atlantic Beach, plus interest if any, agree to re-imburse the
City the sum of One Thousand Five Hundred ($1,500.00) and No/100 Dollars as
and for settlement purposes only.
7. P]aintiffs concede, for settlement purposes only, that their
,,,,~ lands may be assessed as herein provided and if this stipulation is not
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.approved by the Court, or if it is ever violated by defendants, or if it
is ever set aside as a result of subsequent litigation by party or parties
:other than the parties hereto, then in any such event the concessions made
by plaintiffs in this stipulation shall not be binding on plaintiffs or
their successors in title.
~ 8. This stipulation shalt become effective upon its approval by
the Circuit Court in a Consent Final Judgment adopting this stipulation as
apart of said Final Judgment.
IN WITNESS WHEREOF the parties hereto have executed this stipulation
for settlement and dismissal as of this ~~day of August, A.D. 1968
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R-C-B-S or'arat i on /,6,r`'`
r f
(Corporate•:Seal) BY:
Presiden
t:
a
ecretar
SELVA MA A REALTY CO ANY
BY : - .~..
__. Presi nt
(Corpcirat~ Sea 1)
Attest:
f j~ f r'
..~---./
Secretary
CITY 0 ATLANTIC BEA
Mayor-Commissioner
(Seal)
Attest:
OLIVER C. BALL
City C 1 e r ~ - (~ . /~
~. ~i City.Attorney.
ROGERS, TOWERS, BAILEY, JONES ~ GAY
By
BRYAh1T FREEMAN, RIGNARDSON ~ WATS4N
By
Edward McCarthy, Jr.
Attorneys .for Plaintiffs.
3.
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DESCRIFTI0~1
Sec. 5, T2S, 829E
Pt of Fract. Sec. 5 lying
East of Mayport Road
Sec. 8, T2S, R29E lots 1
$ 8 ex pt. in Co. rds. 8
pt. re e d in 0/R Bk 652-484
Sec. 8, T2S, R29E Lots
2,7, F, 10 ex. pt. in
State f, Co. rds ~ Pt.
reed in 0/R Bk 652-484
Sec. 9 T2S, R29E Pt.
Lot 1 lying West of
Seminole Beach Road
Sec. 9, T2S, 829E Pt.
Gov. Lot 2 ex pt.
reed 0/R 911-363
Sec. 9 T2S, R29E Pt
Lots 3 ~ 4 lying West
of Seminole Beach Rd F,
North of Saturiba Drive
Sec. 9 T2S, R29E. Govt.
Lot 5 ex. pt. re c' d
0/R Bks 811-53S, 911-363
F, pt. in Co. rd
Sec. 16, T2S, R29E, Pt. Govt.
Lots 2, 3, 6 lying W.of pt. in SM
3 ~, 4 N. of pt. in SA SD ex. pt.
reed 0/R Bk 382-19, 528-283
652-484
Sec. 17, T2S, R29E Pt Govt.
Lots 1, S, 6 ex. pt. re e d 0/R
Bks 382-17, 1761-104, 382-19
528-287, 652-484, 1270-559
F, pt. in SA SD
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Foo no e:
=240 0 or 1962
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~~~.`'` __ ~ EXHIBIT -eAn
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1962, 1963 ~ 1964
COUNTY 11SSESSI4ENT
~ 100.00 -fs_e~fpvt--tt~~.e)
540.00
680.00
880.00
140.00
1,600.00
560.00
400.00
500.00
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DESCRIPTION CO'~'iY ASS:'SS:•.~~s
....~..-...-._.._. ~-..~..m.-.,..,,....~.~s,..~.
Acre~Rc
Pt. Lot 9, Sec 8 ~ Pt. Lots 4, '
5, 6 ~ 7 Sec. 9 Recd 0/R Bk
811-53 5 ex. Pt. in SM Unit 5 SD $720.00
F, Pt. in Co. Road.
(19 66 Pt 0/R 2666-677 deeded to Robichaud)
Lots.
SELVA MARINA UNIT N0. 3 PBK 29-27
Lot 3, Blk 7 200.00
S 100' LoL 7, Blk 7 200.00
iJ 100' Lot 8, Blk 7 200,00
Lot 1 (ex. N 5') Blk 8 200.00
SELVA MARINA UNIT N0. 4 PBK 30-28
Lot 4, Blk 8 200.00
:Lot S 200.00
Lot 6 " 7.C0.00
LOt 7 200.00
Lot 8 " 200.00
Lot 9 " 200.00
'Lot 11 " (19b8 deeded to Campbell) 200.00
Lot 12 " 200.00
SELVA MARINA UNIT NU. 5 PBK 30-29A
Loi 4, Blk b X0.00
Lot 6 200.00
Lot 7 " 200.00
Lot s " 2oa.oo
Lot 9 " 200.00
Lot 10 " 200.00
Lot 1, Blk 9 200.00
Lot 2 (196788 deeded to Floyd ~ McCo:~nick) 200.00
Lot 4 " (1967$3 pts deeded to Floyd) 200.C0
Lot 5 " 200.00
Lot 6 " 200.00
Lot 7 " 200.00
Lo*_ 8 " 200.04
Lot 9 " 200.00
Lot 10 " 200.OC
Lot 11 " 200.00
Lot 12 " 200.00
Lot 3, Blk 11 (196b deeded to Ballentine) 200.44
Lot 5 " 200,043
Lot 6 " 200,00
EXHIBIT "B"
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